Pavement Parking (Protection of Vulnerable Pedestrians) Bill

Debate between Edward Leigh and Simon Hoare

Friday 4th December 2015 Commons Chamber

[Simon Hoare]

My hon. Friend is right. A lot of evidence has been presented to me from people around the country—not just my constituency—who have opened their front door and, rather expecting Jeremy Beadle to jump out, found the side of a white van parked so close to their front door that they have barely been able to get on to their front step.

My hon. Friend leads me to the point made by the Treasury Bench—I will come on to the Treasury Bench in a moment or two—that there are already rules and regulations to cover this arena of public life. However, they are desperately confusing. For example, it is an offence to park on a pavement, but according to local councils that is a matter for the police to enforce. It is a criminal offence, not a civil offence. The guidance in the Act that makes it a criminal offence refers, however, to wilful negligence. Now, it is quite hard, even for learned counsel such as my hon. Friend the Member for Gainsborough (Sir Edward Leigh), always to prove, without a shadow of a doubt, that parking has been wilful or negligent.

[Sir Edward Leigh (Gainsborough) (Con)]

I have a great deal of sympathy for what my hon. Friend is trying to achieve, but can he explain how it will work in practice? Clause 1 states that a person who parks on a pavement or a footway in an urban environment is guilty of a civil offence, but what can they do if they live on a very narrow road with no off-street parking? If they do not park partly on the pavement or footway, they are obstructing the road. I am sure my hon. Friend can deal with this point, but it is a serious one that needs addressing.

[Simon Hoare]

My hon. Friend is absolutely right. The Bill was introduced by a former hon. Member for Cheltenham in an earlier Parliament, but it was not debated. We have taken it on and amended it. This will not be a blanket ban for pavement parking. In medieval or older town and city centres with Victorian terraces and the like, popular ownership of the motorcar was never envisaged. To make the carriageways wide enough for emergency vehicles, bin lorries and other large vehicles, it is important to ensure a balance is struck between allowing the free movement of vehicles and securing the free movement of pedestrians.

The major difference in the Bill is that clause 3 sets aside specific provision for the Secretary of State for Transport to provide regulations and guidance to local authorities about who to consult—who are statutory consultees—and how to consult before it is introduced. It is not a blanket ban and nor is it an automatic obligation for local authorities to make use of the purposes set out. It will be up to the local authority, working in concert with local councillors, communities, freight transport associations, road haulage associations and the emergency services, to decide precisely where it is either appropriate or inappropriate to permit or to prohibit the parking of motorcars on pavements. This is not the dead hand of the state. This is not a licence for pettifogging officialdom, and nor is it a cash cow for local authorities to try to get in a bit of extra revenue. It will be proportionate and it will be sensible.

One thing I did not know—I am pretty certain that hon. Members know this, but it was a gap in my knowledge—is that organisations such as the RNIB and Guide Dogs will offer a service to people in all our communities to devise a safe and secure route to the shops, to work, to church, to school or to wherever. If, post consultation, and on the presumption that a local authority has decided to avail itself of the powers in the Bill, the trigger is that it would mark out in some way—through signage, line painting or whatever—where pavement parking is permitted, de facto, and anything not marked would not be allowed. It would allow the good folk at the RNIB, Guide Dogs and other charities to devise routes to give people certainty that when walking from A to B they will not meet a parked car. I hope that addresses my hon. Friend’s important point.